Trial period time off in lieu

LMS123

Hi,
A relative of mine is on a 12MONTH trial period since last April. No contract has been forthcoming. The only proof he has of working for this company are his pay slips.
He's in the type of work that requires him to work longer hours in the summer. The overtime in summer is taken as equivalent time off in the winter.
He's now looking for another job and hopes to get one before his trial period ends with his present employer. He has amassed many, many overtime hours which he can't take quickly due to staff shortages.
If he leaves his present employer without taking off his time owing (due to staff shortage), does he just lose all those hours?( He still has 3 weeks annual leave to take too which he assumes would be taken by him or paid.)

Comms69

Typically yes, TOIL is lost. (A/L is paid).


Perhaps he should ask for a one off payment as taking time off is difficult?

TELLIT01

Referring to the annual leave, that will be pro-rata if he leave before the end of the holiday year. He won't necessarily be entitled to 3 weeks pay, assuming he has already taken one week.
For example, if the holiday year runs from April to March and he leaves at the end of December, he will only be entitled to 3/4 of the full annual leave entitlement.

getmore4less

if the normal period for TOIL is now then they need to be discussing the issue as if it carries on they will run into next years busy season so what does the company plan to do about it.

No mention of leaving, if they have got wind that could be why they are not giving TOIL.

One option is to up the contractual hours on a temp basis and use some of the TOIL(Ie pay it out).

LMS123

Update: Once his employer realised he had applied for another job, the atmosphere became hostile. "Not committed to the company" etc was said to him.
He didn't get the other job. His present employer found a problem on a timesheet, accused him of fraud, said it was gross misconduct and sacked him.
Needless to say, they are going to pay him pro rata holiday pay but, as suspected, he will lose all the hours he is owed time in lieu, about 100!
As he was on a trial period of less than 2 years, does he have no redress whatever?

sammyjammy

No he doesn't, why did he tell them he had applied for another job?

agrinnall

Trial period is a meaningless description, in the first 2 years of employment anyone not covered by a protected characteristic can be sacked for any or no reason. Which is exactly what's happened. As long as he is paid what he is due (holiday and any notice that he's not required to work) then he should move on and write off the lost TOIL.

Energize

They can't just dismiss him out of spite without notice. He's entitled to at least one week, otherwise he can take them to the county court.

I don't see the term trial period as a meaningless description, it usually forms part of the contract entitling the employee to things like a much greater notice period in the event of dismissal once passed. In my contract I'm entitled to my TOIL paid if I'm dismissed for example, who knows what this person's written contract would have stated if he'd actually been issued with one!

LMS123

A colleague of his had applied for another job without telling this present employer. The prospective employer contacted the present company for a reference. Management attitude towards him was appalling and he was effed and jeffed behind his back. Fortunately, the guy got the new job.
So, my relative did not want the same to happen to him in case he didn't get the job. Out of courtesy, he told his employer that he had applied for another job, mainly because this other post was paying more. He said that if his present company could increase his salary slightly, then he would stay. They refused to increase his salary then dug deep to find the anomoly in the timesheet, then sacked him!